David Viviano's father to temporarily fill son's seat

David Viviano’s father, Antonio, will preside in his son’s courtroom over the next two weeks while officials determine exactly who will handle his caseload before a new judge is appointed.

A judicial vacancy was created at Macomb County Circuit Court at noon Friday when former Judge David Viviano began his post as a Michigan State Supreme Court justice per his appointment by Gov. Rick Snyder.

David Viviano was chief judge at the court, so Chief Judge Pro Tempore John Foster took over his duties until the state high court names a new chief. Foster said Friday he will not lobby for the chief post.

He said that Judge Antonio Viviano, who retired from the bench but often serves as a visiting judge in Macomb, initially will handle his son’s docket. Foster said he likely will name a permanent visiting judge to hear the cases instead of commissioning a new visiting judge every week or two.

“It’s better to have one judge so when parties come in to the court for their cases, they can see the same judge and things can get done,” Foster said. “We want some consistency of opinions and an opportunity for people to be heard.”

Antonio has previously filled in for his son, most recently last Tuesday afternoon.

Paying the visiting judge his or her per-day wage may not increase the court’s budget significantly, he said, because officials believe the court will continue to receive the state’s payment of the wages for David Viviano’s old post, Foster said. The state picks up the entire $139,000 salary, while the county pays the benefits.

Courts commonly use visiting judges and establish a budget for them. Two other judges in Macomb Circuit Court will require visiting judges this month, Foster said.

Meanwhile, Foster hopes Snyder will appoint a new judge to fill Viviano’s old seat and who will have to run for election in 2014 to complete the term through 2018. The appointment could come in a matter of weeks or months.

Among Macomb County attorneys who have said they will apply or been mentioned by political and legal observers as potential candidates are: assistant Macomb prosecutor Steven Fox; Judge Jennifer Faunce of 37th District Court in Warren and Center Line; Joseph Toia, who has sought a judgeship in the past; Armand Velardo, who ran for Probate Court judge last year; Ben Aloia, who represents the county Roads Department; and James Maceroni, son of Judge Peter J. Maceroni.